Building Occupied Without Certificate of Occupancy

The City of Yonkers brought criminal proceeding against landlord for building code violations. Among other things, landlord was charged with occupying or using a building illegally altered without first obtaining a certificate of occupancy (C of O). Landlord was using a residential building for the manufacture and sale of draperies. Landlord claimed that prior landlord had been issued a C of O that allowed a nonconforming use and that she should be given an extension. But the Bureau of Housing and Buildings had denied landlord's request for an extension because the prior nonconforming use, a delicatessen, had been discontinued for more than 12 months. Landlord hadn't appealed that administrative decision. The court ruled against landlord and scheduled a sentencing hearing.

People v. Staino: NYLJ, p. 25, col. 6 (8/9/95) (Yonkers City Ct.; Daly, J)